If my disabled vehicle was parked in a parking lot and was then destroyed in an arson, is the owner of lot liable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my disabled vehicle was parked in a parking lot and was then destroyed in an arson, is the owner of lot liable?
My car was parked in the back parking lot of a small strip mall. It was disabled and had no insurance. The vehicle was then totally destroyed in an arson. Can I sue, and if so, should it be against the store or the landlord of the strip mall or both? I want to take this to small claims court and have been in touch with landlord’s insurer, who said they would not pay on this but would be willing to give me $200 in lieu of going to court (their attorney’s fee). They say it was a public lot and the landlord is not responsible. I think it was private lot, does that make a difference? What are my options?
Asked on June 22, 2011 under Insurance Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
On what grounds would you sue? Do you believe the landlord or his staff burned the car? Or did the landlord make some representation (or promise or assertion) that cars were secure or that the landlord took responsibility for them?
If the above were true you may have a cause of action; if not, however, you very likely do not. The fact that a car is damaged or destroyed on someone's property does *not* by itself make someone owning or renting that property liable, or financially responsible. Instead, there must be fault, which is either an intentional act, a careless act doing the damage, or a careless or intentional failure to fulfill a duty to guard the property in the person's control--but simply parking on someone's lot does not impose on them such a duty. So unless the landlord did something wrong or promised in some way to take care of the car, he, she, or it is likely not liable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.